If you or a loved one has been injured due to unsafe conditions on someone else's property, you may have a valid premises liability claim. At Aldous \ Walker LLP, our experienced Dallas premises liability lawyers are here to help you navigate the complexities of your case and pursue the compensation you deserve.
Premises liability is a legal concept that holds property owners and occupants responsible for injuries that occur on their property due to unsafe or hazardous conditions. This area of law encompasses various situations, including slip and fall accidents, inadequate security, and dog bites. The key factor in premises liability cases is whether the property owner failed to maintain a safe environment for visitors, leading to injury.
To succeed in a premises liability claim, the injured party must establish that:
The property owner owed a duty of care to the injured party.
There was a breach of that duty.
The breach directly caused the injury.
The injured party suffered damages as a result.
In Texas, the legal obligations of property owners can vary depending on the status of the injured party, such as whether they were an invitee, licensee, or trespasser.
Texas Premises Liability Laws
Texas law governs premises liability claims under the principles of negligence. The Texas Civil Practice and Remedies Code outlines the responsibilities of property owners and the legal rights of individuals injured on their premises. Here are some key aspects of Texas premises liability laws:
Duty of Care
In Texas, property owners have a legal duty to maintain their premises in a reasonably safe condition. This duty of care varies depending on the visitor's status:
Invitees: Individuals invited onto the property for business purposes (e.g., customers in a store) have the highest level of protection. Property owners must take reasonable steps to ensure their safety.
Licensees: Those who enter the property for social purposes (e.g., guests) are owed a lesser duty. Property owners must warn them of known hazards.
Trespassers: Generally, property owners have the lowest duty to trespassers. However, they cannot intentionally harm trespassers and must avoid willful or wanton misconduct.
Comparative Negligence
Texas follows a modified comparative negligence rule, which means that if the injured party is found to be partially at fault for their injuries, their compensation may be reduced proportionally. For example, if a person is 30% responsible for their injuries, they may only recover 70% of the total damages.
Statute of Limitations
In Texas, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. It is crucial to file your claim within this timeframe, as failing to do so may result in losing your right to pursue compensation.
Common Types of Premises Liability Cases
Premises liability claims can arise from various incidents. Here are some common types of premises liability cases that our Dallas premises liability lawyers handle:
Slip and Fall Accidents: Slip and fall accidents are among the most frequent premises liability claims. These incidents can occur due to wet floors, uneven surfaces, or other hazardous conditions. Injuries can range from minor bruises to severe fractures or head trauma.
Inadequate Security: Property owners have a responsibility to provide adequate security measures to protect visitors from criminal acts. If an injury occurs due to insufficient security, such as lack of lighting or security personnel, the property owner may be liable for the resulting damages.
Dog Bites: Texas law holds dog owners responsible for injuries caused by their pets. If a dog bites someone due to the owner's negligence in controlling or restraining the animal, the victim may have a premises liability claim against the property owner.
Swimming Pool Accidents: Swimming pool owners must take precautions to prevent accidents, such as drowning or slip and fall incidents. Failure to maintain safety standards can result in liability for injuries that occur on the property.
Construction Site Accidents: Injuries at construction sites may also fall under premises liability laws, especially if the property owner failed to provide a safe environment for workers or visitors. This could include inadequate safety measures, warning signs, or proper maintenance.
Why Choose Aldous \ Walker LLP?
At Aldous \ Walker LLP, our dedicated team of Dallas premises liability lawyers understands the challenges you face after an injury. We have the experience and knowledge to advocate for your rights and help you obtain the compensation you need to recover. Our approach includes:
Personalized Attention: We take the time to understand your unique situation and tailor our strategies to meet your needs.
Thorough Investigations: Our team conducts comprehensive investigations to gather evidence and build a strong case on your behalf.
Skilled Negotiation: We negotiate with insurance companies and opposing parties to secure the best possible settlement for you.
Trial-Ready Representation: If a fair settlement cannot be reached, we are prepared to take your case to trial to fight for your rights.
